Terms and Conditions of Website
IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THE DURAMAT WEBSITE UNDER THE DURAMAT.CO.UK DOMAIN (“WEBSITE”) AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN DURAMAT AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DURAMAT WEBSITE. USING THE DURAMAT WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE DURAMAT WEBSITE. THIS NOTICE IS ISSUED BY DURAMAT LIMITED (“DURAMAT”).
IF YOU BUY GOODS ON THE WEBSITE, DURAMAT TERMS AND CONDITIONS OF SALE WILL APPLY
- By browsing and/or using the DURAMAT website , you agree to the following terms in their entirety. If you do not accept this legal notice in full, you must leave the DURAMAT website immediately.
- ‘DURAMAT’ and any other DURAMAT product or service name referred to on the DURAMAT website are trademarks of DURAMAT Limited.
- DURAMAT, its affiliates, independent content providers and third parties provide content (information, communications, images and/or sounds contained on or available through the DURAMAT website ). The contents of the DURAMAT website are copyright © DURAMAT Limited or its affiliates, independent content providers or third parties. All rights reserved. The contents of the DURAMAT website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission from DURAMAT. You agree that the material and content contained within or provided by the DURAMAT website is for your own personal use and may not be used for commercial purposes or distributed commercially.
- You will be able to access the DURAMAT website free of charge without registering your details with DURAMAT.
- In certain cases DURAMAT may not be able to provide the goods, or carry out some of its other duties under contract, because of something that is beyond DURAMAT reasonable control. This could include war, act of terrorism, widespread goods, fuel or power shortages, fire, flood, severe weather, other natural disasters, equipment failure or an accident that is not DURAMAT’s fault. If this happens then DURAMAT will not be responsible for so long as the effects of the event continue for any failure to provide the goods. DURAMAT will continue to try to provide the goods as soon as possible despite nay such events.
- You may have other rights granted to you by law in addition to those set out in these terms and conditions, which DURAMAT may not exclude. These terms and conditions do not affect those other rights granted by law. If you wish to obtain further information about your rights, you should speak to your local Citizen’s Advice Bureau or Trading Standards Office.
- DURAMAT may revise this legal notice at any time by updating this posting. You are advised to check the DURAMAT website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the DURAMAT website.
- The Terms & Conditions of Sale displayed when you make your purchase will also govern all orders and purchases made on the DURAMAT website.
- You must be over eighteen years of age to make an order or purchase through the website.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
- While we will use its reasonable endeavours to maintain the website in a fully operating condition, it will not be liable if for any reason the website is unavailable at any time or for any period. We are not responsible for the results of any defects that exist in the website.
- We will not be liable for any loss, liability, damage or expense of whatever kind arising, whether wholly or partly and whether directly or indirectly, in consequence of the use of, or any reliance placed upon, such information by the visitor or other person.
- We accept no liability for any inaccuracies or omissions in the website or for any other information obtained directly or indirectly from the website.
- While we endeavour to ensure that the information on the website is correct, it does not warrant the accuracy and completeness of the material on the website.
- We may suspend or vary the whole or any part of the service offered on the website for any reason, at any time at our sole discretion.
- We reserve the right to make changes and corrections to the website at any time without notice.
- We will not be liable for any telephone or other costs that may be incurred in connecting to the website.
- If your computer does not support relevant technology including but not limited to encryption, you may not be able to use certain services or access certain information on the website.
- You are permitted to print and download extracts from the DURAMAT website for your own use on the following basis:
- no part of the DURAMAT website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without written permission from DURAMAT;
- no documents or related graphics on the DURAMAT website are modified in any way;
- no graphics on the DURAMAT website are used separately from accompanying text; and
- DURAMAT’s copyright and trademark notices and this permission notice appear in all copies.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on the DURAMAT website (including, without limitation, photographs and graphical images) are owned by DURAMAT or its licensors. For the purposes of this legal notice, any use of extracts from the DURAMAT website other than in accordance with paragraph above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the DURAMAT website automatically terminates and you must immediately destroy any downloaded or printed extracts from the DURAMAT website.
- You may not mirror any material contained on the DURAMAT website on any other server without the prior written consent of DURAMAT. Any unauthorised use of the contents of the DURAMAT website either under this clause or clause 11 above may be in breach of copyright laws, trademark laws or laws of England and Wales.
LINKS TO OTHER WEBSITES
- The service is accessed via the World Wide Web that is independent of the DURAMAT website and DURAMAT. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. DURAMAT has no responsibility for any information or service obtained by you on the World Wide Web.
- Any links to third party websites on the DURAMAT website are provided solely for your convenience. If you use these links, you leave the DURAMAT website.
LINKS FROM OTHER WEBSITES
- If you would like to link to the DURAMAT website, you may only do so on the basis that you link to, but do not replicate, the home page of the DURAMAT website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the DURAMAT logo;
- you do not create a frame or any other browser or border environment around the DURAMAT website;
- you do not in any way imply that DURAMAT is endorsing any products or services other than its own;
- you do not misrepresent your relationship with DURAMAT nor present any other false information;
- you do not otherwise use any trademarks displayed on the DURAMAT website without express written permission from DURAMAT;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- DURAMAT expressly reserves the right to revoke the right granted in paragraph 23.
- You shall fully compensate any loss or damage suffered by DURAMAT or any of its affiliates for breach of paragraph 23.
VISITOR MATERIAL AND CONDUCT
- You agree not to cause, nor knowingly allow others to cause, any nuisance, hindrance or inconvenience, whether to DURAMAT or any of its customers or users of the DURAMAT website by any means. You agree not to use the DURAMAT website to disseminate any material for which you have not obtained all necessary licences and/or approvals or which is technically harmful. You also agree not to disseminate any material that is defamatory, offensive or obscene or menacing in character, which may in DURAMAT’s judgement cause nuisance, annoyance, inconvenience to DURAMAT or others, or which is illegal. You will not use the DURAMAT website such that you would cause the whole or part of the DURAMAT website to be interrupted, damaged, rendered less efficient or impaired in any way.
- You will compensate DURAMAT for all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by DURAMAT as a result of any settlement agreed by DURAMAT arising out or in connection any breach by you of paragraph 26 including without any claim by any third party.
- DURAMAT will fully co-operate with any law enforcement authorities or court order requesting or directing DURAMAT to disclose the identity or locate anyone in breach of paragraphs.
LIMITATION OF LIABILITY
- DURAMAT shall be liable for the death or personal injury arising from its negligence, or if DURAMAT has deliberately lied to you where that lie caused you to enter into a contract with DURAMAT.
- YOUR ATTENTION IS PARTICULARY DRAWN TO SECTIONS 32A, 32B AND 32C.
- DURAMAT shall not be liable for any loss (except for those set out in clause 31 above) which were not reasonably foreseeable at the time of entering into a contract with DURAMAT (whether or not caused by DURAMAT’s negligence).
- For the liability not covered by 31 above, DURAMAT will not be responsible for any loss that could not have been expected to occur in advance of the loss of occurring, or any loss of any opportunity by you (including an opportunity for you or someone else to make, save or use money).
- For all DURAMAT’s liability not covered by 31 above, you accept that DURAMAT’s maximum financial responsibility to you will be the price of the goods even if the actual loss you suffer is more than that.
- The price of the goods has been calculated on the basis that DURAMAT will exclude or limit its liability as set out in the contract. If you want DURAMAT to take on more liability then please let us know and DURAMAT will let you have a revised price.
- The material on the DURAMAT website is provided ‘as is’, without any condition, warranty or other terms of any kind. Accordingly, to the maximum extent permitted by law, DURAMAT provides you with the DURAMAT website on the basis that DURAMAT excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) that but for this legal notice might have effect in relation to the DURAMAT website.
- DURAMAT reserve the right to vary the terms of this contract from time to time, such variations becoming effective immediately upon posting of the varied Legal Statement on the DURAMAT website. By continuing to use the DURAMAT website, you will be deemed to accept such variation.
- To the fullest extent permitted by law you agree, DURAMAT shall not be liable to you or a third party for any indirect, special, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with the DURAMAT website in any way or in connection with the use, inability to use or the results of use of the DURAMAT website, any websites linked to the DURAMAT website or the material on such websites.
- These terms and conditions of sale and the supply of the goods will be subject to English law, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract.
- The following information is required by the Electronic Commerce (EC Directive) Regulations 2002. The DURAMAT brand, website and its associated domain name ‘duramat.co.uk’ is owned and operated exclusively by Trinitech Ltd and provided by way of a leasing agreement to DURAMAT Limited of Unit 6 Causeway End, Manningtree, Essex, CO11 2LH, United Kingdom. Email: firstname.lastname@example.org. VAT registration number GB329914083.